“Physical Contact” is required in order to make an Uninsured Motorist Claim!

“Physical Contact” is required in order to make an Uninsured Motorist Claim!

Los Angeles Uninsured and Underinsured Motorist attorney Barry P. Goldberg is regularly confronted with issues which implicate the use of Uninsured/Underinsured Motorist Coverage. It is very common that an unidentified “hit and run” vehicle is involved in serious collisions. It is not uncommon for a “phantom” vehicle to cut someone off or run someone off the road. Sometimes a collision occurs because it is necessary to avoid striking a “phantom” vehicle. In order to access Uninsured Motorist coverage for a “hit and run”, there must be some form of physical contact.

The right to uninsured motorist benefits is governed by Insurance Code § 11580.2. Section 11580.2 (a)(1), requires, all automobile liability insurance policies to provide for recovery, within specified limits, for bodily injury or wrongful death for which the owner or operator of an “uninsured motor vehicle” is responsible. Section 11580.2 (b), defines “uninsured motor vehicle,” and provides in part, “As used in this section, ‘uninsured motor vehicle’ means a motor vehicle with respect to the ownership, maintenance or use of which there is no bodily injury liability insurance or bond applicable at the time of the accident,. . . or the owner or operator thereof be unknown, provided that, with respect to an ‘uninsured motor vehicle’ whose owner or operator is unknown: (1) The bodily injury has arisen out of physical contact of the automobile with the insured or with an automobile that the insured is occupying. . . .” (Emphasis added.)

Plaintiff’s lawyers have tried to “push the envelope” in order to establish sufficient “physical contact.” As was true in State Farm Mut. Auto. Ins. Co. v. Yang (1995) 35 Cal.App.4th 563 (Yang), in which the Court of Appeal affirmed a declaratory judgment denying uninsured motorist coverage to an individual who had been injured by a drive-by shooter, Smith was not hit by the dark Mercedes SUV and his injuries did not arise out of physical contact with it: “His injury arose out of physical contact with the bullet which struck him. The bullet was not set in motion or propelled by the [Mercedes]. . . . The bullet was propelled by the gun from which the bullet was fired. . . . Any movement of the car would generally be insignificant insofar as the propulsion of the bullet is concerned.” (Id. at p. 574.)

In reaching its conclusion the Yang court explained and distinguished Inter-Insurance Exchange of Auto. Club v. Lopez (1965) 238 Cal.App.2d 441 and Pham v. Allstate Ins. Co. (1988) 206 Cal.App.3d 1193. In Lopez car X had hit car B and propelled it into car C, the insured vehicle. Car X then fled the scene. The Lopez court concluded this qualified as physical contact by car X within the meaning of section 11580.2. “We hold that where an unknown vehicle has struck a second vehicle and caused it to strike the insured vehicle, there is physical contact between the unknown vehicle and the insured vehicle within the meaning of the uninsured motorist endorsement.” (Lopez, at p. 446.)

In Pham a rock fell off a dump truck as it passed the insured vehicle travelling in the opposite direction. The rock bounced on the highway and then penetrated the windshield of the insured’s car, injuring her. The Pham court concluded, as had the court in Lopez, there was coverage if the uninsured vehicle provided the direct application of force that caused another object to strike an insured’s vehicle and injure the insured: “We can discern no logical difference between an object struck and propelled by an unknown vehicle and an object falling from such vehicle.” “We conclude that there is physical contact as required by the statute when either a part of a vehicle or an object which the vehicle is carrying strikes the insured or his vehicle.” (Pham, at p. 1198.)

In contrast, in Barnes v. Nationwide Mutual Ins. Co. (1986) 186 Cal.App.3d 541, also discussed in Yang, the plaintiff-insured lost control of her car after it had collided with a box of chairs lying on the road. The court held there was no uninsured motorist coverage because there was no direct application of force from an uninsured vehicle:

“Our courts have already considered and rejected the claim Ms. Barnes makes here, that because the box was a link on an otherwise unbroken chain of physical contact between the uninsured vehicle and her own, sufficient physical contact occurred.” (Barnes, at pp. 543-544; see Orpustan v. State Farm Mut. Auto. Ins. Co. (1972) 7 Cal.3d 988, 994 [denying coverage to insured who was injured after he swerved to avoid hitting an uninsured motor vehicle; “[t]he statute makes proof of ‘physical contact’ a condition precedent in every case for the recovery of damages caused by an unknown vehicle”].)

Based on the above analysis, an insured is not entitled to uninsured motorist coverage unless there is an “unbroken chain of physical contact.” An experienced personal injury attorney with extensive knowledge of Uninsured Motorist law is the best possible resource if you are involved in a “hit and run” accident.

Results Oriented, Trustworthy and Knowledgeable

I suffered through a not-my-fault auto accident in January of 2010. Unfortunately the opposing insurance company is well known for it’s habitual delays of paying plaintiffs. Barry Goldberg did an excellent job of pursuing Mercury on my behalf until we reached a more than fair settlement. He is fair, knowledgeable, kept me well informed through the months of interaction with opposing Counsel and acheived a great result considering all the circumstances. I would highly recommend him to anyone with a personal injury lawsuit! Should a prospective client wish to speak with me about working with Mr. Goldberg, please contact him for my information.

Car Accident Client

Highly Knowledgeable and Responsive

As an attorney with a legal matter outside my area of expertise, one involving my own family member, I decided to contact Mr. Goldberg after viewing some of his quality legal work. His grasp of the particulars was very impressive, as was his advice in regard to proceeding forward. His speedy and friendly response was refreshing, highlighting an engaged and highly competent professional.

Personal Injury Client

Negotiating a Settlement and Social Media

Really appreciate the legal guidance I received from Mr. Goldberg. I did not feel my insurance company had my best interest in mind and I reached out for legal council. It was clear Mr. Goldberg was an expert not only in personal injury cases but the use of Facebook posts and Tweets as evidence. I will definitely work with Mr. Goldberg again in the future and will recommend him to my family and friends.

Insurance Law Client

I was hit by a SUV while cycling in Santa Monica and was referred to Barry by a cycling friend (who was also a lawyer). Barry and his staff were professional and very easy to work with and negotiated a fair settlement with the drivers insurance company for the damage to my bike and for my medical bills and injuries. Unlike the run-in with the SUV (or going to the dentist), it was about as painless an experience as I could have hoped for.

Cicycle vs. SUVDave, a Car Accident Client

I initially called a different attorney to handle my case. He didn’t file the DMV forms and got my license suspended due to negligence. He also stopped answering the phone for a solid 6-8 months.

One day I began to search for a new attorney and I found Barry. He took over my case, knowing that it was a mess and he would have to put in extra work for free. He immediately took control and got everything in motion. My case was resolved in my favor, faster than I had anticipated.

I was kept up-to-date at all times, even when I didn’t call them. Sarah was sure to update me anytime new info came in. I would recommend Barry to my family. This is a great law office, so there’s no need to continue searching around and worrying who to call. You have found the people you are looking for. They also have a nice office for the times you need to stop by.

Here’s the attorney you have been searching for: Barry GoldbergRyan

I was involved in a car accident about a year ago, t-boned by another car which ran a red light. I found myself with a huge hospital bill, several other bills, a totaled car, phone calls and letters every day, and no one to turn to for help. I attempted to do things on my own, and quickly got in over my head. A friend found Barry’s website, so after a couple months of being stressed and overwhelmed, I gave him a call and we set up a free consultation.

The office is easy to find, very clean and professional. I met Barry and his assistant Sarah, and immediately felt comfortable and relaxed with them. Barry sat and listened and talked with me, giving advice for TWO hours instead of the agreed one hour! He was so genuine, so kind, and truly cared about my situation and wanted to help. A few days later I hired him, and it was the best decision I could’ve made!!!

Barry and Sarah always kept me in the loop with phone calls and emails of progress with my claims. They are persistent and efficient, and have won way more money for me than I could have ever gotten fighting this case on my own! Everything on their end has been fast- responses, updates, issuing checks- and with attention to detail. The only reason it has taken a year to wrap up has been waiting on the hospital/insurance/others to respond to the firm.

A tremendous burden was lifted off my shoulders when I hired this firm, and I am immensely pleased with their service and support!!! SO many thanks to the Goldberg law office!!! I’d recommend them any time 🙂